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MR. I. C. OMEZIRI MR. BONIFACE OGOKE CITIZENS INSURANCE CO-OPERATIVE SOCIETY LTD. V. 1. SUNDAY OKO 2. ISIAKA USMAN

(2004) JELR 54231 (CA)

Court of Appeal  •  CA/C/24/2001  •  22 Mar 2004  •  Nigeria

Coram
OKWUCHUKWU OPENE JCA SIMEON OSUJI EKPE JCA

Appearances
F. O. Onyebueke Esq. - for the Appellants . Clement Ukaegbu Esq. - for the Respondents .

Judgement
<p><strong> ROWLAND JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the Cross River State High Court holden at Calabar presided over by Ita J., dated the 24th day of February, 2000, wherein the learned trial Judge found against the appellants for negligence and awarded damages against the appellants. Dissatisfied with the judgment of the lower court, the appellants brought an appeal to this court. The facts of the case are straightforward and they run thus: The second plaintiff/respondent bought a Datsun Vanette busregistered as CR-715 Y from the first plaintiff/respondent on hire purchase terms to use for commercial transportation. At all times material to this action therefore, the plaintiffs/respondents (hereinafter called respondents) were joint owners of the said bus under the hire purchase agreement. About five months after the purchase of the bus, it was involved in an accident on the 15th of August, 1995 along the Calabar -Ikom Highway with a Volvo tanker t…</p>

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